Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Robert M. Jurbala et al. No. B-178260.
Paul A. Kelly, Kelly & Kelly, for petitioner.
John Kupchinsky, Assistant Attorney General, with him Stephen B. Lipson, Assistant Attorney General, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.
Michael I. Levin, with him William Fearen, Cleckner and Fearen, for Amicus Curiae, Pennsylvania School Boards Association.
Judges Mencer, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Craig. Concurring Opinion by Judge Mencer. Judge Williams, Jr. joins in this concurring opinion.
[ 59 Pa. Commw. Page 512]
Mountain View School District appeals from the board's*fn1 award of compensation benefits to token claimant Robert Jurbala and sixty-eight other members of the Mountain View Education Association (union); the board affirmed the referee's determination that the claimants' unemployment was the result of a lock-out.*fn2
The two-year labor contract between the district and the union expired on June 30, 1978. The district board had not approved a calendar or opening day for the 1978-79 school year, although the teachers' in-service day marking the commencement of school had been the Monday before Labor Day in the two previous years.
Negotiations continued, unsuccessfully, until August 25, when the union president sent mailgrams to the board of education president, the district's chief negotiator, and the school superintendent, which stated:
Please be advised that the professional employees are ready and willing to report for work on August 28, 1978, at 9:00 A.M., the traditional day for the first day for teachers, and
[ 59 Pa. Commw. Page 513]
continue work on day to day basis under the terms and conditions of the 1976-78 professional employees ...